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Committee approves cemetery law changes allowing reclamation of long-unused grave spaces and clarifies fees
Summary
Senate Bill 715, revising cemetery regulations to allow reclamation of unused gravesites after long periods of no documented contact and to simplify monument-installation fee calculations, passed the Commerce and Labor Committee and moves to calendar committee.
The Commerce and Labor Committee adopted an amendment and approved Senate Bill 715 on March 11, 2025. The bill updates Tennessee cemetery law to address outdated provisions, clarify installation fees for monuments and allow, under specified conditions, cemeteries to reclaim long-unused grave spaces.
Sponsor explanation: Vice Chair Taylor told the committee the bill modernizes cemetery regulations, permits reclamation of abandoned grave spaces after a long period without documented family contact, and standardizes monument-installation fees so cemeteries must charge the same installation fee to outside monument dealers as to cemetery customers. On the reclamation provision, the sponsor said: “What this bill says is that after 75 years of the last documented contact from a family or the heir of a family about grave space, then the cemetery can reclaim that abandoned grave, put it back in their inventory, and resell it.” The bill also creates a 25‑year restorative window: if heirs contact the cemetery within 25 years after reclamation and the plot has not been sold, they may reclaim it; if the plot has been sold, the heirs are entitled to the resale proceeds.
Committee questions addressed practical concerns. Members asked whether the bill authorized reuse of graves (an explicit “no” from the sponsor) and whether cemeteries could sell headstones directly; the sponsor explained existing law ensures third-party monument dealers may sell in a cemetery, and the bill equalizes installation fees.
Outcome: The committee adopted the filed amendment clarifying that there is no cause of action for reclamation of an abandoned grave in certain contexts and then voted to move SB 715 to the committee on calendar. The clerk recorded seven ayes.
Next steps: The bill advances to the calendar committee for scheduling, and sponsors and industry groups (the Department of Commerce and the cemetery association were consulted in drafting) will continue implementation discussions if the measure proceeds.
